Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6976
SECOND DIVISION Docket No. 6795
2-LI-EW-'76
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( System Federation No. 156, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( The Long Island Rail Road Company
Dispute: Claim of Employes:
1. That the Long Island Railroad Company violated Article V of the
August 21, 1954 Agreement when the Carrier's highest officer,
Mr. W. L. Schlager, Jr. failed to decline in writing within the
sixty (60) day time limit the,claim in behalf of Electrician
(Power operator) I. Weaver for wages and penalties due him from
January 19, 1973 to and including February 27, 1973. Claim was
submitted to Mr. Schlager on May 22, 1973, acknowledged by Mr.
Schlager on June 20, 1973 and denied by Mr. Schlager 63 days later
on July 24, 1973.
2. Without waiving the employes' position with respect to the Long
Island Railroad Company's violation of Article V, Electrician
I. Weaver claims compensation for wages and penalties due him
from January 19, 1973 to and including February 27, 1973 due to
management's violation of the working agreement by not awarding
Mr. Weaver who was the senior bidder, position #(5 on Bulletin
No. 29-72 which was posted 9:00 A. M. November 20, 1972 and which'
closed November 28, 1972. The monies Mr. Weaver is claiming
totals six hundred twenty-seven dollars and thirty-two cents
($627.32).
3. That, accordingly, Electrician I. Weaver be awarded position
#(5
on Bulletin No. 29-72 effective 9:00 A. M. November 29, 1972.
and also be compensated $627.32 for wages and penalties due him.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Form 1
Page 2
Award No. 6976
Docket No. 6795
2-LI-Ew-'76
The Organization contends that the Carrier violated the applicable
Agreement of the parties when it refused to Award the Claimant, Electrician
I. Weaver, an electrician's position advertised as position #(5 on Bulletin
No. 29-72, despite the fact that the claimant was the senior bidder. The
Carrier instead awarded the position to a junior Electrician. The Carrier
contends that the Claimant's record of employment failed to indicate that
he possessed the necessary qualifications to occupy the position in question.
The Carrier therefore required the Claimant to take a qualifying test to
demonstrate his ability, but he refused to do so. The Carrier's contentions
are based on the ora that the applicable Agreement is the Maintenance of
Way rather than the Maintenance of Equipment Agreement.
This Board has recently considered identical disputes involving the
same parties in Awards 6885, 6886, 6887, 6939, 6942 and 6943. We concluded
in those Awards that the Maintenance of Equipment agreement was controlling
and we thus find the Maintenance of Equipment agreement to be similarly
applicable to this dispute. For the reasons set out in Award No. 1 of
Public Law Board No. 913 and expressed in Award 6885, we must sustain the
claim.
A W A R D
Claim sustained.
Attest: Executive Secretaxy
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By /
semarie Brasch - Administrative Assistant
V, r5
Dated at Chicago, Illinois, this 9th day of January, 1976.